Commercial Real Estate Disputes Lawyers in Toronto

Commercial real estate transactions in Toronto often involve substantial financial investments and demand meticulous attention to detail and a thorough understanding of the intricate legal landscape. These transactions, whether for retail spaces, office buildings, industrial properties, or hospitality venues, can present multifaceted challenges, particularly when disputes arise. The complexities associated with financing, contractual obligations, and the involvement of numerous stakeholders can quickly escalate into contentious legal battles.

At Milosevic & Associates, we provide comprehensive legal support to businesses across all sectors involved in commercial real estate disputes. Our approach prioritizes proactive risk management and strategic litigation, ensuring our clients are well-equipped to navigate the complexities of these matters.

Comprehensive Commercial Real Estate Litigation Services

Commercial real estate litigation encompasses a broad range of legal disputes arising from property transactions, development, and management. It involves navigating intricate legal frameworks, including contract law, property law, and regulatory compliance. The potential for significant financial implications necessitates a strategic and proactive approach to mitigate risks and protect your interests.

Purchase and Sale Disputes

The purchase and sale of commercial property involve intricate contractual agreements, and disputes frequently arise from alleged breaches of these agreements. These breaches can manifest in various ways, including but not limited to misrepresentation, non-disclosure, or a party’s failure to fulfill their contractual obligations as outlined in the Agreement of Purchase and Sale. These disputes can involve:

• Contractual Breaches: Disagreements related to the fulfillment of obligations outlined in the Agreement of Purchase and Sale, such as closing deadlines, financing contingencies, or property condition disclosures.
• Misrepresentation: Claims that one party provided false or misleading information that induced the other to enter the transaction.
• Specific Performance Actions: Legal actions seeking a court order to compel the other party to fulfill their contractual obligations when monetary damages are inadequate.
• Damages Claims: Seeking financial compensation for losses incurred due to breaches of contract or misrepresentation.
• Title Disputes: Issues concerning the legal ownership of the property, including challenges to title validity, adverse possession claims, or easement disputes.
• Non-Disclosure of Material Defects: Disputes arising from the seller’s failure to disclose known property defects.
• Fixtures and Chattels Disputes: Disagreements regarding including or excluding specific items in the sale.
• Zoning and Permitting Issues: Conflicts related to compliance with municipal zoning bylaws and permitting requirements.

Mortgage Fraud and Disputes

Mortgage fraud and disputes can have severe financial consequences for lenders, borrowers, and property owners. These disputes often involve:

• Fraudulent Mortgage Applications: Instances where borrowers provide false information to secure mortgage financing.
• Identity Theft: Cases where individuals’ identities are stolen to obtain fraudulent mortgages.
• Priority Disputes: Conflicts between multiple mortgage holders regarding repayment order.
• Foreclosure Proceedings: Legal actions initiated by lenders to seize and sell mortgaged properties due to borrower defaults.
• Enforcement of Guarantees: Actions to enforce personal or corporate guarantees related to mortgage obligations.
• Construction Mortgage Disputes: Disagreements arising from the administration of construction mortgages.
• Reverse Mortgage Disputes: Conflicts related to reverse mortgages.
• Securitization Disputes: Legal battles arising from the securitization of mortgage loans.
• Discharge Disputes: Conflicts related to the discharge of mortgages.

Real Estate Fraud

Real estate fraud extends beyond simple misrepresentation, encompassing a broad spectrum of deliberate and calculated schemes designed to illicitly profit from property transactions. This can involve complex webs of deception, often orchestrated by individuals or groups with knowledge of the real estate market and legal loopholes. Key forms of real estate fraud include:

• Title Fraud: Fraudulent transfer or registration of property titles.
• Investment Scams: Schemes that induce investors to invest in fraudulent real estate projects.
• Rental Scams: Deceptive practices involving rental properties.
• Fraudulent Appraisals: Manipulation of property valuations.
• Land Title Forgery: The creation or alteration of land title documents.
• Straw Buyer Schemes: The use of individuals to purchase properties on behalf of others.
• Foreclosure Rescue Scams: Schemes that target homeowners facing foreclosure.
• Builder Fraud: Deceptive practices by builders or developers.
• Condominium Fraud: Schemes involving the manipulation of condominium corporation finances.
• Real Estate Agent Fraud: Deceptive practices by real estate agents.

Real Estate Investment Funds

Real estate investment funds, which pool capital from numerous investors to acquire and manage diverse commercial properties, are subject to a complex web of regulatory requirements and can engender multifaceted disputes. These disputes extend beyond simple disagreements, often involving intricate legal and financial considerations. Key areas of contention include:

• Breaches of Fiduciary Duty: Allegations that fund managers prioritized their self-interest.
• Misrepresentation of Fund Performance: Disputes arising from inaccurate or misleading information.
• Conflicts of Interest: Situations where fund managers have competing interests.
• Regulatory Non-Compliance: Violations of securities laws and regulations.
• Valuation Disputes: Disagreements concerning the valuation of fund assets.
• Liquidity Issues: Challenges related to the redemption of investor shares.
• Governance Disputes: Conflicts related to the management and oversight of the fund.
• Fee Disputes: Disagreements concerning the calculation and payment of fees.
• Disclosure Disputes: Conflicts arising from the adequacy and accuracy of disclosures.

Fraudulent Conveyancing

Fraudulent conveyancing involves the transfer of property with the intent to defraud creditors or other parties. These transactions can be challenged in court to recover assets and protect the rights of affected parties. Key aspects include:

• Establishing Intent to Defraud: Demonstrating that the transferor acted with the intent to evade creditors.
• Proving Insolvency: Establishing that the transferor was insolvent or became insolvent due to the transfer.
• Seeking Equitable Remedies: Pursuing court orders to nullify fraudulent conveyances.
• Tracing Assets: Following the trail of assets to recover them for creditors.
• Addressing Badges of Fraud: Considering factors that indicate a fraudulent transfer.
• Dealing with Limitation Periods: Acting promptly to pursue claims within applicable time limits.
• Navigating Bankruptcy Proceedings: Coordinating with bankruptcy trustees in relevant cases.

Certificates of Pending Litigation (CPLs)

A Certificate of Pending Litigation (CPL), also known as a Certificate of Lis Pendens, is a legal notice registered on the title of a property to inform potential buyers or lenders that a pending legal action may affect the property’s ownership or value. This mechanism is crucial for:

• Preventing Property Transfers: Ensuring that the property cannot be sold or mortgaged without notice of the pending litigation.
• Protecting Litigants’ Interests: Safeguarding the rights of parties involved in legal disputes related to the property.
• Providing Notice to Third Parties: Alerting potential buyers or lenders to the existence of ongoing legal proceedings.
• Discharge of CPLs: Handling the removal of CPLs when litigation concludes or when it is deemed inappropriate.

Contact the Commercial Real Estate Lawyers at Milosevic & Associates in Toronto for Skilled Advocacy & Trusted Guidance

Commercial real estate transactions involve substantial financial investments and intricate legal considerations. When disputes arise, robust legal representation is essential to protect your interests and mitigate potential losses.

Milosevic & Associates provides strategic advice and robust representation to businesses in Toronto and across the Greater Toronto Area. Contact the firm to discuss your commercial real estate litigation needs and explore practical solutions to protect your interests. Call us at 416-916-1387 or contact us online to learn how we can help.